Weekend Argus (Saturday Edition)
Basson wins recusal request
DR WOUTER Basson again scored victory yesterday, when the Pretoria High Court granted him the right to institute a recusal application against members of his professional organisation’s disciplinary committee.
In the second order granted in favour of the former head of the apartheid government’s secret chemical warfare project this week, Judge Albertus Bam dismissed a request to throw out Basson’s application, saying it was justified.
“In my view, an order granting the applicant the opportunity to lodge an application for the recusal of the first and second respondents within a limited time will have the required effect,” Judge Bam said.
He gave Basson 10 days from the judgment within which to file the application for recusal.
Basson wants disciplinary committee chairman Professor Jannie Hugo and fellow presiding officer Professor Eddie Mhlanga off the tribunal, which has been hearing arguments for sentencing, after they found him guilty of unprofessional conduct in 2013.
He accused the two of bias, for their suspected membership of an organisation which had publicly called for the removal of Basson from the medical roll.
On Monday Basson succeeded in securing an interdict on the Health Professions Council of South Africa (HPCSA) hearings, forcing the two to disclose their status regarding membership of the South African Medical Association the following day.
Judge Selby Baqwa granted the interdict, and the proceedings were halted. Both parties filed documents and responding affidavits, and they argued their points before Judge Bam on Thursday.
Basson’s lawyer, advocate Jaap Cilliers, argued that the failure to provide the information at the time of request was a travesty of justice. On those grounds, he asked the court to place the hearings on hold while they applied for recusal.
Lawyers for the HPCSA argued for a dismissal of the application, asking Judge Bam to allow proceedings to continue. Advocate Terry Motau said Basson had created his own urgency, and ignored other avenues through which to raise his concerns on membership.
They also asked that the applicant carry all costs.
But yesterday Judge Bam ordered that the HPCSA pay the applicant’s costs.